Ex Parte SMITH - Page 5



          Appeal No. 2000-0358                                                        
          Application No. 08/678,409                                                  

          and Lindemann Maschinenfabrik GMBH v. American Hoist & Derrick              
          Co., 730 F.2d 1452, 1458, 221 USPQ 481, 485 (Fed. Cir. 1984).               
               As pointed out by our reviewing court, we must first                   
          determine the scope of the claim.  "[T]he name of the game is the           
          claim."  In re Hiniker Co., 150 F.3d 1362, 1369, 47 USPQ2d 1523,            
          1529 (Fed. Cir. 1998).  In addition, claims are to be interpreted           
          as the terms reasonably allow.  In re Zletz, 893 F.2d 319, 321,             
          13 USPQ2d 1320, 1322 (Fed. Cir. 1989).                                      
               Claim 1 recites the step of "acquiring said new access right           
          by said virtual input device by causing the first object to                 
          interact with a second object representing access rights of said            
          virtual input device."  Taking a reasonably broad interpretation,           
          claim 1 requires the step of acquiring a new access right using a           
          virtual input device to cause a first object to interact with a             
          second object, the second object representing the access rights             
          of the virtual input device.                                                
               We also note that claim 8 includes the limitation,                     
               "[a] machine readable medium having stored thereon data                
               representing sequences of instructions, which when                     
               executed by a computer system, cause the computer                      
               system to perform the step of . . . acquiring said new                 
               access right by said virtual input device by causing                   
               the first object to interact with a second object                      
               representing access rights of said virtual input                       
               devices"                                                               
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